TARGET OF VIOLENCE AGAINST THE POPULATION IN WAR ZONES (ART. 433 OF THE CRIMINAL CODE OF UKRAINE)
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3
Abstract
The paper touches upon analyzing of doctrinal approaches to definition of generic and direct (basic and additional) object of violence against a population within an area of military activities (art. 433 of Penal Code of Ukraine) as a crime against a provided order of doing military service (military crime). It has been established that in the fullest detail the generic object of military crimes, which are pro- vided by the Chapter XIX of Penal Code of Ukraine, can be defined as social relations in the field of protection of and order of doing military service in accordance with effective legislation and the oth- er legal acts of Ukraine. To the author`s point of view this definition adequately reflects protective function of penal law concerning securing of order of doing military service as a special government service including all its fields (serving and doing). The basic and direct object of violence against a population within an area of military activities is, under the author`s suggestion, social relations in the field of doing military service, namely in the field of protecting civilians from illegal actions of Armed Forces of Ukraine military servants and the other military groups which were established under the laws of Ukraine and which are in the territo- ry of military activities or armed conflict (order of doing military service and ensuring civilian secu- rity). As additional obligatory objects of the infringement referred to above (depending on the form of socially dangerous action) we can regard social relations in the field of securing human life and health and (or) social relations in the field of property rights securing.
Authors and Affiliations
Alina Mukhamedzhanova
Keywords
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